Protecting the Rights of Grandparents & Caregivers
Grandparents and other third parties play a vital role in a child’s life, but custody and visitation rights are not automatically granted under Ohio law. If you are seeking visitation or custody, Fogelman Law Firm can help. We represent grandparents and third-party caregivers in Clermont, Hamilton, Butler, Warren, and Brown Counties to establish legal rights that protect their relationship with the child.
When Can Grandparents Seek Visitation or Custody?
Ohio law allows grandparents to request visitation under specific circumstances, including:
Death of a parent– Grandparents may petition for visitation rights if their own child passes away and they seek a formal parenting time order with their grandchild in some cases. This is the only recognized right exclusive to grandparents.
Alternatively, grandparents can also utilize statutes that are meant to protect the child and ensure third-parties to the parent-child relationship can involve themselves to protect the child:
Divorce, separation, or death of a parent – Grandparents may petition for visitation rights.
Parental unfitness – If a parent is unable to care for a child due to neglect, substance abuse, or other issues remedies under statute are available.
Child already living with a grandparent or third party – If you have been the child’s primary caregiver, you may additional opportunities to formalize the relationship..
Parental interference with an existing relationship – If a parent is wrongfully denying access to a child.
Courts make decisions based on the best interests of the child, considering the existing bond between the child and the grandparent or third-party caregiver.
Legal Options for Grandparents & Third Parties
We help clients pursue different legal avenues to protect their rights:
Visitation Rights
Grandparents can petition for court-ordered visitation if the child’s parents were never married, divorced, or one parent is deceased.
Other relatives or caregivers may request visitation in circumstances.
Custody & Guardianship
If a grandparent or third party has been the child’s primary caregiver, they may seek formalization of their special role to provide a stable home.
Emergency Custody Protection Orders
In cases where a child is in immediate danger, it may be possible to utilize government agencies to help seek temporary custody orders to protect a child’s safety.
Our Legal Process for Grandparents’ Rights
We take a child-focused approach to securing visitation and custody rights:
Case Evaluation – We assess whether you meet Ohio’s legal standards for visitation or custody.
Filing the Petition – We submit a formal request to the court for visitation or custody rights.
Negotiation & Mediation – If possible, we work toward an amicable resolution with the child’s parents.
Court Representation – If necessary, we advocate for your rights before a judge.
Common Concerns About Grandparents’ Rights
“Can I request visitation if both parents are still together?”
➡ Typically, no, not under the “grandparents’ rights” statute. However, courts would normally consider granting third-party visitation if the parents are divorced, unmarried, or one is deceased.
“What if I’ve been raising my grandchild but have no legal custody?”
➡ You may be eligible to petition for additional rights if you have been the primary caregiver.
“How long does it take to get visitation or custody rights?”
➡ Timelines vary, but courts can generally schedule initial hearings within a few months of filing, although the entire case can take much longer if a trial is necessary.
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